Kirkendall v. City of Omaha
Nebraska Supreme Court
Error from the district court of Douglas county. Tried below before Hopewell, J. The opinion contains a statement of the case. contending that there was error in the instructions, cited: Wagner v. Gage County, 3 Neb., 242; Fremont, E. & M. V. R. Co. v. Whalen, 11 Neb., 591; Sohaller v. City of Omaha, 23 Neb., 332; Chicago, K. & N. R. Co. v. Wiebe, 25 Neb., 544. It was for the jury to determine whether or not the property had been damaged, and if so, whether or not the grade…
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Error from the district court of Douglas county. Tried below before Hopewell, J. The opinion contains a statement of the case. contending that there was error in the instructions, cited: Wagner v. Gage County, 3 Neb., 242; Fremont, E. & M. V. R. Co. v. Whalen, 11 Neb., 591; Sohaller v. City of Omaha, 23 Neb., 332; Chicago, K. & N. R. Co. v. Wiebe, 25 Neb., 544. It was for the jury to determine whether or not the property had been damaged, and if so, whether or not the grade was the cause of the damage; but this must be determined from facts offered in evidence and not as conclusions of…
1Opinion of the Court
Ryan, C.
The plaintiffs in this action, who are the plaintiffs in error in this court, sought in the district court of Douglas county, Nebraska, a recovery against the defendant on account of alleged injury to their property in blocks 9 and 12, in .West Omaha, caused by the grading of Leavenworth street on the south side of block 12, and the streets connecting therewith, to-wit, Thirty-seventh and Thirty-eighth streets, extending along the east and west sides of said blocks. The plaintiffs claim that prior to the establishment and working of said streets to their present grade their property,…
2Cases cited1 opinion
- Francis v. . SchoellkopfNew York Court of Appeals · 1873
3Cited by12 opinions
- Barr v. City of OmahaNebraska Supreme Court · 1894
- Jones v. City of ClarksburgWest Virginia Supreme Court · 1919
- Town of Galax v. WaughSupreme Court of Virginia · 1925
- State v. SMITH ET UX.Indiana Supreme Court · 1957
- Spokane Traction Co. v. GranathWashington Supreme Court · 1906
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